Faulty mobile phone rights

Flyboy152

Techhead wrote: »

The OP says its an Orange contract but (as far as I can see) doesn't mention where they bought it from.

OP, from where did you buy it?

targaid wrote: »

In addition, the phone wasn't provided free but there was a charge for it. So I have ammunition for when I phone them.

Seems to me that the phone came with the contract and the OP had to pay an additional contribution towards it.

Techhead_2

Flyboy152 wrote: »

Seems to me that the phone came with the contract and the OP had to pay an additional contribution towards it.

Yes, however Orange contracts are available from a large number of third party resellers/retailers. Its not possible to give advice as to Orange's responsibilities until they are confirmed as the retailer. Its possible that the OP should be exercising their rights elsewhere.

Flyboy152

Techhead wrote: »

Yes, however Orange contracts are available from a large number of third party resellers/retailers. Its not possible to give advice as to Orange's responsibilities until they are confirmed as the retailer. Its possible that the OP should be exercising their rights elsewhere.

Aah....that's a good point. I assumed that Orange was the retailer, seeing as the OP was directing his complaint towards them and never mentioned a reseller.

I think the OP needs to clarify a little, but I suspect my assumptions were accurate.

Orange_Company_Representative

Hi Flyboy152, the OP had given the impression that his phone was included in his contract with us. Clearly his statutory rights apply and I did not imply otherwise, I was simply confirming that his phone is not part of any monthly agreement he has with Orange.

Guy's Dad, you're absolutely right regarding the SOGA and I'm not trying to wash our hands of anything. As the OP has had his phone for around two years and states that it recently developed an issue when connecting by Bluetooth and when ringing, it would seem that this was not a fault which was present when he purchased the phone. If he was able to prove otherwise, then we'd certainly arrange for the equipment to be repaired or replaced.

I hope this helps!

^Darren_OrangeHelpers

Flyboy152

Orange_Company_Representative wrote: »

Hi Flyboy152, the OP had given the impression that his phone was included in his contract with us. Clearly his statutory rights apply and I did not imply otherwise, I was simply confirming that his phone is not part of any monthly agreement he has with Orange.

Guy's Dad, you're absolutely right regarding the SOGA and I'm not trying to wash our hands of anything. As the OP has had his phone for around two years and states that it recently developed an issue when connecting by Bluetooth and when ringing, it would seem that this was not a fault which was present when he purchased the phone. If he was able to prove otherwise, then we'd certainly arrange for the equipment to be repaired or replaced.

I hope this helps!

^Darren_OrangeHelpers

But the Bluetooth issue is not the only problem he has experienced with the handset. It seems that the unit was awash with issues from the time he purchased the phone from Orange. With what has transpired, i.e., your colleagues attempts to abrogate Orange from their responsibilities, by misleading the OP in regards to his consumer rights (we know this goes on, because there have been several threads by other posters, relating similar experiences from Orange), there should be some attempt here to offer some level of goodwill, don't you agree Darren?

Orange_Company_Representative

Hi Flyboy152

If the OP, or any poster, has been incorrectly advised by an Orange representative regarding his rights or our procedures, I would advise them to contact our Customer Service Helpdesk again and request to escalate this matter to a Customer Service Team Leader, or a Customer Service Manager if necessary.

Thanks,

^Darren_OrangeHelpers

targaid

Sorry I've been a while getting back here - been building a new PC & installing a new OS.

Yes, the phone was with the contract and was direct from Orange. I'm dealing with some of the issues today with an advisor who is calling me back shortly. The niggling faults I experience are software-based and I see from trying to resolve them myself over the past 2 years that the phone is known to have these issues, so I guess that proves it was inherent in the hand-set by any reasonable measure. The fact that the Orange representatives I spoke to down the years either didn't know or wouldn't admit this to be the case speaks volumes. I found work-arounds by going elsewhere myself. I've never had a resolution to any of the faults from Orange.

I think whether or not the phone is part of the cost of the contract is a grey-ish area. Clearly all monthly contracts actually include the cost of the phone.

Since the original post Orange have also increased my bill by £5/month with no warning & no reason. I've just discovered that when the original girl I spoke to 'matched' the contract I was leaving she did so by applying a temporary discount to it which was set to expire after 18months - on a 24 month contract. First I knew was when my bills went up. I've also had calls from a company at first claiming to be & then to represent Orange to sort out my upgrade. After their second call they admitted to not being Orange and advised me to deal directly with them. What I want to know is how they got my ex-directory land-line number and knew both who held my contract & when it was due to expire.

pinkshoes

I thought the "shelf life" of a phone was about 2 years, hence contracts are often 24 months, and then you upgrade at the end of it?

And on this basis, then perhaps you're phone has just reached the end of the road, and it's time for a new one??

targaid

pinkshoes wrote: »

I thought the "shelf life" of a phone was about 2 years, hence contracts are often 24 months, and then you upgrade at the end of it?
?

That's the way the companies want you to think. Since new phones can cost in excess of £600, and the cost is included in the tariff despite how it's phrased, I think that 2 years can hardly be said to be a reasonable time for it to be functional. Fashionable is a different matter and you can't expect them to be cutting edge, but if you chose not to follow the consumerist, wasteful & environmentally damaging treadmill the phone companies need you to be on to remain in profit, you don't lose your legal right to a repair or replacement.

robpw2

why don't you just get a new contract and choose a new phone